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Procedures for Travel While Advance Parole is Pending PDF Print E-mail
Written by Jennifer Hopkins   
Thursday, 01 July 2004

During a teleconference with U.S. Citizenship and Immigration Services (USCIS) Service Center Operations, the American Immigration Lawyers Association (AILA) addressed a common concern regarding travel, advance parole, and abandonment of pending applications for advance parole:

"If a foreign national:
  1. Already possesses a valid, unexpired advance parole,
  2. Applies for a new advance parole while he/she is present in the U.S., AND
  3. Then departs the U.S.,

[then] the foreign national must return to the U.S. during the validity period of the current advance parole already in his or her possession.. If the foreign national returns timely, abandonment of the pending advance parole application would not occur. However, the foreign national may not remain abroad after the initial advance parole expires and then seek to re-enter at a later time using the subsequent advance parole that was pending adjudication at the time the person departed the U.S.

...abandonment of a pending advance parole application does not occur if the foreign national is otherwise authorized to depart and return because the foreign national has an I-485 pending and is re-admitted as an H-1, H-4, L-1, L-2, K-3, K-4, V-1, V-2, or V-3." [Emphasis supplied]

- Information obtained from AILA Infonet at Doc. No. 04040761 (April 7, 2004)

 
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